5.  The applicant was born in 1971 and lives in Krasnoyarsk.
6.  On 13 August 2012 the applicant was arrested on suspicion of having attempted to sell a large quantity of heroin. Two days later the Sverdlovskiy District Court of Krasnoyarsk authorised his placement in custody for two months. The District Court reasoned that the applicant was being charged with a particularly serious criminal offence, which he had allegedly committed not long after having served a prison sentence after a previous conviction for a similar crime. The court also took into account the lack of a stable income as the applicant worked as an estate agent. These circumstances were interpreted by the District Court as evidence of the likelihood that the applicant might abscond, re-offend or pervert the course of justice. The applicant’s arguments that he was employed, that he was the breadwinner for a child who was still a minor and that he had a permanent place of residence did not convince the court. Nor did the court find that the applicant’s poor health warranted his release, given that he was able to receive professional medical assistance in detention.
7.  The applicant did not appeal against the detention order.
8.  On 15 August 2012, the applicant was admitted to detention facility no. IZ-24/1.
9.  On 12 October 2012 the Sverdlovskiy District Court accepted the investigator’s request for an extension of the applicant’s detention until 12 December 2012. The court again found that, given his criminal history and the gravity of the charges, the applicant was likely to abscond, re-offend or tamper with witnesses. The District Court did not find any evidence indicating that the applicant was not fit to remain in custody or was not receiving the necessary medical assistance in detention.
10.  The extension order of 12 October 2012 was upheld on appeal by the Krasnoyarsk Regional Court, which fully endorsed the District Court’s arguments. The Regional Court also noted that the applicant and his lawyer failed to submit any evidence in support of their arguments alleging a lack of medical assistance in detention.
11.  Another extension of the applicant’s detention until 12 February 2013 followed on 11 December 2012, when the Sverdlovskiy District Court found that the circumstances warranting his arrest persisted. The court once again dismissed the argument concerning the applicant’s poor health and lack of proper medical assistance in detention.
12.  On 10 January 2013 the Krasnoyarsk Regional Court upheld the decision on appeal, having been fully convinced by the District Court’s reasoning. As to the applicant’s argument about his poor state of health, the Regional Court reasoned:
“Despite the accused’s argument, [the court] did not establish any circumstances related to his health or any other personal grounds precluding his detention in the conditions consistent with a temporary detention facility. Amongst the case-file materials there is no medical report showing that [the applicant] was suffering from a serious illness included in the List of Serious Illnesses precluding Detention of Suspects and Accused Persons, as adopted by decree of the Government of the Russian Federation on 14 January 2011. The [District Court] did not examine any such report when it issued its decision [of 11 December 2012].
Moreover, [the applicant’s] argument that he was suffering from a serious life-threatening illness was not supported by any evidence contained in the file, even though the defence would have had ample opportunity to provide such evidence if it had existed.
If a medical commission issues a medical report examining the necessity for [the applicant’s] continued detention, an investigator will immediately examine that issue.”
13.  On 21 January 2013 the applicant was served with the bill of indictment, having been charged with the sale, on a number of occasions, of a particularly large quantity of drugs within an organised group for the purpose of subsequent resale.
14.  On 5 February 2013 the Leninskiy District Court of Krasnoyarsk extended the applicant’s detention until 11 May 2013, finding that the circumstances which had warranted the applicant’s arrest had not changed. The Court once again found that, given his criminal history and the gravity of the current charges, the applicant was likely to abscond, re-offend or tamper with witnesses.
15.  The applicant lodged an appeal on points of law, but this was dismissed on 2 July 2013.
16.  On 8 May 2013, the detention was further extended by the Leninskiy District Court until 11 July 2013. The court once again dismissed the argument concerning the applicant’s poor health and relied on the gravity of the charges and the applicant’s criminal record to support the finding of a risk of the applicant’s re-offending.
17.  On 10 July 2013 the Leninskiy District Court extended the detention until 13 August 2013. The reasoning employed by the court was similar to that of the previous detention orders.
18.  On 7 August 2013 the applicant was released against an undertaking not to leave his town, having regard to the fact that the investigation was closed, the applicant completed the reading of the file and the case was remitted to the trial court. On 24 March 2014 he was convicted of four counts of drug trafficking committed with an organised group and involving a particularly large amount of drugs.
19.  In 2001 the applicant was diagnosed with an HIV infection.
20.  A medical certificate issued on 18 October 2012 by a physician from detention facility no. IZ-24/1 where the applicant was detained indicated that the applicant was suffering from HIV infection in stage 4A, penile cancer of the first degree and chronic hepatitis C (HCV).
21.  The applicant argued that upon his arrest on 13 August 2012 antiretroviral drugs had been taken from him. The Government disputed that allegation.
22.  The Government provided the Court with handwritten and typed versions of the applicant’s medical records, setting out the applicant’s medical history and, in particular, the development of his HIV infection. On 16 August 2012, that is on the day following his admission to detention facility no. IZ-24/1, the applicant had been examined by a medical panel which had found him HIV-positive. On the following day the applicant had been prescribed Combivir, a fixed dose combination of the drugs lamivudine (Epivir) and zidovudine (Retrovir), and Kaletra, a fixed dose combination of lopinavir and ritonavir. The handwritten medical records show that during the entire period of his detention the applicant regularly received those drugs. He was also prescribed a special diet.
23.  During his detention the applicant had been monitored regularly in relation to his HIV infection. The CD4 cell count tests carried out on 24 October 2012, 28 March and 2 July 2013 had revealed a slight, but steady increase of CD4 cells to 579, 618, and 644 cells/mm3, respectively.
24.  On an unspecified date the applicant informed the medical personnel of the detention facility that in 2010 he had been diagnosed with penile cancer. On 25 April 2013 he was examined by the head of the medical department with regard to this complaint. The doctor did not detect any visible symptoms. However, the applicant was referred for examination by an oncologist and an infectious disease specialist at regional tuberculosis hospital no. 1.
25.  On 17 May 2013 the applicant was seen by the head of the oncological department at regional tuberculosis hospital no. 1. The doctor suggested a biopsy, which the applicant refused to undergo.
26.  The case file contains no information as to whether the applicant received any treatment in relation to his hepatitis C.
27.  On 16 November 2012 the applicant complained to the Regional Prosecutor that antiretroviral drugs had been taken from him upon his arrest on 13 August 2012.
28.  The applicant also sent a written request to the Investigating Department of the Krasnoyarsk Region seeking a forensic medical expert examination to determine whether he was suffering from a condition which, under Russian penitentiary rules, would preclude his detention on remand.
29.  On 6 December 2012 a deputy prosecutor of the Sverdlovsk District prosecutor’s office sent a letter to the applicant informing him that the courts had already examined his arguments pertaining to his state of health while determining the issue of his further detention on remand. The deputy prosecutor pointed out that the courts had not established that the applicant was suffering from any serious illness precluding his detention on remand.
30.  On 28 December 2012 the deputy prosecutor sent another letter to the applicant. The content of the letter was similar to that of the previous one.